Terms of Service

1. Who we are and what Novii is

These Terms of Service ("Terms") are an agreement between you and Humos Labs, LLC, doing business as Novii ("Novii," "we," "us"). They govern your use of the Novii mobile app, the Novii website at novii.ai and any other Novii web pages, and every feature and related service we offer through them now or later (together, the "Service").

Novii is a life design and self-understanding tool. You answer a set of open questions in your own words. From your answers, Novii generates five written results: your core values, a reflection on those values, a purpose statement, a three-year goal, and 90-day milestones (each, an "artifact"). Most artifacts quote your own words back to you. Novii's questions and the structure of its artifacts are informed by personality and behavioral research. Novii is not a professional or scientific instrument.

2. Who can use Novii

You must be at least 18 years old to use Novii. If you are under 18, you may not use Novii, and you should not enter anything into it. If we learn that an account belongs to someone under 18, we will close it and delete the content associated with it.

By using Novii you confirm that you are 18 or older, that you can enter into a binding agreement, and that you are not barred from using the Service under any applicable law.

Novii is offered only to people located in the United States. Do not use Novii from outside the United States.

3. How you accept these Terms

You accept these Terms by indicating your acceptance where Novii asks you to, by creating an account, or by using the Service, whichever comes first. If you do not agree, do not use Novii.

Where Novii asks for your consent to process what you write with AI service providers, that consent is separate from your acceptance of these Terms, and accepting these Terms does not give it. You can withdraw that consent at any time by deleting your account, or in any other way the Privacy Policy describes.

4. Artifacts are generated by AI

Novii uses third-party AI service providers to generate each artifact from what you enter. Each artifact is produced in a single step from your answers. Novii is not a chat or messaging service, and it does not carry on a conversation with you.

To generate an artifact, Novii sends the answers needed for that artifact to an AI service provider, which returns the artifact. Our providers may change. The Privacy Policy describes how providers handle what they receive.

AI-generated content can be inaccurate, incomplete, or a poor fit for your situation, and it can reflect limitations in the models that produce it. Artifacts reflect what you entered; they are not an evaluation of you. Read every artifact critically, and use your own judgment about whether and how to act on it. You are responsible for any decision you make or action you take based on an artifact.

Sometimes an artifact cannot be generated, for example because of a formatting or provider error. If that happens, you can try again later.

As between you and Novii, you own your artifacts, and Novii assigns to you any rights it may have in them. Because artifacts are generated from a fixed set of questions, an artifact generated for you may resemble one generated for someone else, and no one acquires rights in another person's artifacts.

5. Novii is not professional advice and not an emergency service

Novii is a self-directed tool. No one at Novii works with you individually, and nothing in the Service is delivered by a professional of any kind. Novii does not provide medical, psychological, or other health-related advice, care, or services, and it is not a substitute for advice from a licensed professional who knows your situation. Using Novii does not create a professional, fiduciary, or confidential relationship of any kind between you and Novii or anyone who works for or with Novii.

Novii is not an emergency service, is not designed for use in an emergency, and cannot contact emergency services for you.

If you are in immediate danger or need urgent medical help, call 911 or your local emergency number.

If you are struggling, are thinking about suicide, or are worried about someone else, you can reach the 988 Suicide and Crisis Lifeline any time by calling or texting 988, or by chatting at 988lifeline.org. Outside the United States, findahelpline.com lists free, confidential support services by country. Reaching out is a good step, and support is available.

6. Your content and the license you give us

What you enter into Novii and the artifacts generated from it are "Your Content." You keep all rights in Your Content.

Before you create an account, you can generate the first three artifacts. If you then create an account, the content from that session is saved under your account. If you leave without creating an account, you will not be able to return to that content. How Novii handles content from sessions without an account is described in the Privacy Policy.

So that we can run the Service, you give Novii a limited, non-exclusive, worldwide, royalty-free license to host, store, display to you, process, back up, and transmit Your Content to the service providers that operate the Service on our behalf, solely to provide and maintain the Service for you and to keep it secure. Novii does not use Your Content to train or fine-tune AI models, and this license does not allow that use, or any use for advertising or marketing. The license ends when Your Content is deleted, except for copies held in backups until they are overwritten on the schedule described in the Privacy Policy and copies we must keep to comply with law. Our AI service providers process your answers under their own commercial terms, and the Privacy Policy describes that processing.

You are responsible for Your Content. Enter only content you have the right to enter, and do not enter anyone else's personal information without their permission.

If you send us feedback or suggestions, we may use them without any obligation to you.

7. Privacy

How Novii collects, uses, shares, retains, and deletes information, including how our AI service providers and other service providers handle it, is described in the Novii Privacy Policy and any additional privacy notices we post at novii.ai. Those documents, not these Terms, describe our data practices.

8. Fees

Novii is currently free to use. We may introduce paid features or plans in the future. If we do, we will show you the price, the billing period, whether the plan renews automatically, and how to cancel before you pay, and any purchase will be handled through the Apple App Store or Google Play (each, an "App Store") under its terms and refund policies. If a paid plan ends or is not paid for, we will not delete Your Content for that reason.

9. Acceptable use and service limits

You agree that you will not:

• use Novii if you are under 18, or help anyone under 18 use it;
• access or use Novii by automated or scripted means, including bots, scrapers, or scripts, or attempt to get around usage limits, rate limits, or security controls;
• copy, modify, distribute, sell, rent, or reverse engineer any part of the Service, or use it to build a competing product;
• use Novii to break the law or to violate anyone's rights;
• enter content that is unlawful, that infringes anyone's rights, or that you do not have the right to enter;
• use Novii to generate content that is abusive, harassing, hateful, or otherwise objectionable, or to target another person;
• interfere with the Service or with anyone else's use of it, or probe, scan, or test its security without our written permission.

Usage limits. Novii limits how many artifacts can be generated in a session and in a day, and limits use of the Service without an account. We may limit, throttle, suspend, or terminate access to the Service to protect its integrity and to control our costs. We apply these limits using signals that do not depend on what you write, such as request volume and repeated automated requests.

10. Suspension, termination, and deleting your account

Deleting your account. You can delete your Novii account at any time from the app's account settings, or by emailing support@novii.ai from the email address on your account. Deleting your account deletes Your Content and your account information on the schedule in the Privacy Policy.

Suspension or termination by Novii. We may suspend or terminate your access to the Service if you breach these Terms, if we are required to by law, if we discontinue the Service, or as described in Section 9. Where we reasonably can, we will tell you why. If your account is suspended, you may contact us at support@novii.ai; we review requests as staffing allows and will respond.

Effect. When your account ends, your license to use the Service ends, and Your Content is deleted on the schedule in the Privacy Policy. Sections that by their nature should survive (including Sections 4, 5, 6, 11, 13 through 17, and 21) survive.

11. Novii's rights and your license to use the app

The Service, including the Novii name and logo, the app, the website, the questions, the artifact formats, and all software and content Novii provides (but not Your Content), belongs to Novii or its licensors and is protected by intellectual property laws.

Subject to these Terms, Novii gives you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the Novii app on devices you own or control, as permitted by the App Store's usage rules, and to use the Service for your own personal, non-commercial purposes. No other rights are granted.

12. App stores, AI providers, and other third parties

Apple. If you use Novii on an Apple device, the following also applies. These Terms are between you and Novii only, not Apple, and Apple is not responsible for the Service or its content. Your license to use the app is limited to Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Novii, not Apple, is solely responsible for the app and for providing any maintenance and support for it; Apple has no obligation to provide any maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid for the app, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the app. Novii, not Apple, is responsible for addressing any claims relating to the app or your use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar laws. Novii, not Apple, is responsible for investigating, defending, settling, and discharging any claim that the app infringes a third party's intellectual property rights. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary. Questions, complaints, or claims about the app should be directed to Novii at support@novii.ai.

Google. If you use Novii on an Android device downloaded from Google Play, these Terms are between you and Novii only, not Google. Google is not responsible for the Service or its content, and the Google Play Terms of Service govern your download from Google Play. Google and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

AI service providers. Artifacts are generated using models operated by third-party AI service providers. Those providers are not parties to these Terms and are not responsible to you for the Service. Novii may add, remove, or change providers.

Other third-party services. The Service may link to or work with third-party services. Novii is not responsible for third-party services, and their own terms govern your use of them.

13. Disclaimers

THE SERVICE AND ALL ARTIFACTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOVII DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ARTIFACTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOU, OR THAT ANY ARTIFACT WILL BE GENERATED IN ANY PARTICULAR CASE. SEE SECTIONS 4 AND 5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOVII AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF NOVII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, NOVII'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) AND (B) THE AMOUNTS YOU PAID TO USE THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS SECTION ARE A BASIC PART OF THE AGREEMENT BETWEEN YOU AND NOVII, AND THE SERVICE WOULD NOT BE OFFERED ON THESE TERMS WITHOUT THEM.

15. Indemnification

You agree to defend, indemnify, and hold harmless Novii and its members, managers, employees, and contractors from any third-party claim, and the resulting losses, costs, and reasonable attorneys' fees, to the extent it arises from your breach of these Terms, your misuse of the Service, your violation of law, or Your Content infringing or violating someone else's rights. We will notify you of any such claim and may control its defense, and you agree not to settle any such claim without our written consent.

16. Dispute resolution: arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND NOVII TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, AND IT LIMITS THE WAYS YOU CAN SEEK RELIEF. YOU CAN OPT OUT AS DESCRIBED IN SECTION 16.7.

16.1 Talk to us first. Before starting an arbitration or a court case, the party raising the dispute must send the other a written notice describing the dispute and the relief requested. Send notices to Novii by email to support@novii.ai with the subject line "Legal Notice"; we will send notices to the email address on your account. For 60 days after the notice, both parties will try in good faith to resolve the dispute informally, which may include a phone or video call if either party requests one. Any statute of limitations and any filing-fee deadline are paused during this 60-day period.

16.2 Binding arbitration. If the dispute is not resolved within those 60 days, either party may start arbitration. Except as provided in Sections 16.4 and 16.5, any dispute, claim, or controversy between you and Novii arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Section. The AAA's rules and forms are available at adr.org. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator, not a court, decides all questions about the scope and enforceability of this Section, except that a court decides the enforceability of the class action waiver in Section 16.6.

16.3 How arbitration works. The arbitrator will be a neutral chosen under the AAA's rules. Hearings, if any, will be held by video or telephone or, if either party prefers an in-person hearing, in the county where you live or another place you and Novii agree on. The arbitrator can award the same individual relief that a court could, including damages and injunctive or declaratory relief limited to you, and must follow these Terms and applicable law. The arbitrator's decision is final and binding, and a court with jurisdiction may enter judgment on the award. Novii will pay all AAA fees and arbitrator fees that the Consumer Arbitration Rules require Novii to pay. If your claim seeks less than $10,000, Novii will also reimburse your filing fee once the arbitration is filed, unless the arbitrator finds your claim frivolous. Each party pays its own attorneys' fees unless the arbitrator awards them under applicable law.

16.4 Exceptions. Either party may bring an individual claim in small claims court if it qualifies there. Either party may seek an injunction or other equitable relief in court to protect its intellectual property rights.

16.5 Public injunctive relief. If you seek public injunctive relief under California law, that request will be decided by a court, not the arbitrator, after the arbitration of all other claims is complete, and the court proceeding will be stayed until then. Nothing in this Section waives the right to seek public injunctive relief in court.

16.6 No class actions, no jury trials. YOU AND NOVII AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND NOVII EACH WAIVE THE RIGHT TO A JURY TRIAL. If a court decides that this class action waiver cannot be enforced as to a particular claim or request for relief, then that claim or request, and only that claim or request, will be decided in court under Section 17, and the rest of the dispute will be arbitrated. Under no circumstances will class or representative arbitration be permitted.

16.7 Your right to opt out. You may opt out of this arbitration agreement by emailing support@novii.ai with the subject line "Arbitration Opt-Out" within 30 days after you first accept these Terms, stating that you want to opt out and including the email address on your Novii account. Opting out does not affect any other part of these Terms.

16.8 Changes to this Section. If Novii changes this Section 16 after you accept these Terms, the change will not apply to any dispute for which either party gave notice under Section 16.1 before the change took effect. You may reject a change to this Section by opting out under Section 16.7 within 30 days after the change is presented to you.

16.9 Severability. Except as stated in Section 16.6, if any part of this Section is found unenforceable, the rest of this Section remains in effect.

17. Governing law and where disputes are heard

These Terms and any dispute between you and Novii are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 16. Any dispute that is not arbitrated will be heard only in the state or federal courts located in Santa Clara County, California, and you and Novii consent to their jurisdiction, except that either party may bring a qualifying claim in small claims court where you live.

18. Changes to the Service and to these Terms

The Service. Novii may change, add, or remove features, and may label some features as beta or early access. We may also discontinue the Service, with reasonable notice where practical.

These Terms. We may update these Terms. When we do, we will post the new version at novii.ai with a new version number and effective date. For changes that materially affect your rights or obligations (for example, changes to eligibility, the license you give us, fees or billing, liability, or Section 16), we will notify you by email or in the app and will ask you to accept the new Terms before you continue using the Service. Posting a change alone does not bind you to it. Other changes take effect on the effective date stated in the notice or, if none, when posted. We keep a record of the version you accepted and when. If you do not agree to updated Terms, stop using the Service and delete your account.

19. Electronic communications and notices

You agree that Novii may communicate with you electronically, including by email to the address on your account and by notices in the app, and that these communications satisfy any legal requirement that a communication be in writing. To receive them, you need a device with internet access and an email account you check. You can withdraw this consent by deleting your account.

Notices to Novii under these Terms must be sent by email to support@novii.ai with the subject line "Legal Notice." Notices about disputes must also follow Section 16.1. The current version of these Terms is always posted at novii.ai, which is the authoritative copy.

20. Accessibility

We work to make Novii usable with assistive technology. If you have difficulty using any part of the Service, contact support@novii.ai and we will work with you to find a way to help.

21. General terms

Severability. If any part of these Terms is found unenforceable, that part will be enforced to the extent permitted and the rest will remain in effect.

Entire agreement. These Terms, together with any additional terms Novii presents for a specific feature, are the entire agreement between you and Novii about the Service and replace any earlier agreement, including earlier versions of these Terms. The Privacy Policy and any additional privacy notices we post describe our data practices. Any consent you give to AI processing of what you write, and your confirmation of your age, are given separately from these Terms.

Assignment. You may not transfer these Terms or your account to anyone else. Novii may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate, and will notify you if it does.

No waiver. If Novii does not enforce a part of these Terms, that is not a waiver of its right to do so later.

Force majeure. Novii is not responsible for delays or failures caused by events outside its reasonable control, including failures of AI service providers, hosting providers, or App Stores.

Export and sanctions. You represent that you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist supporting" country, and that you are not listed on any United States government list of prohibited or restricted parties.

No third-party beneficiaries. Except for Apple and Google as described in Section 12, no one other than you and Novii has any rights under these Terms.

Interpretation. Headings and the summary at the top are for convenience only. "Including" means "including without limitation."

22. Contact